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#3306510 - 07/30/13 12:41 PM Re: Posting Property [Re: BlountArrow]
BSK
Jerkasourous of the non-typical kind
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Registered: 03/11/99
Posts: 65048
Loc: Nashville, TN

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 Originally Posted By: BlountArrow
...but I still seem to think I read something one time on here or had a friend who talked to a wildlife officer that said something about paint being a "requirement" if you wanted anything to hold up in court, but I'm not 100% sure about that.


Not in TN.
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"There is no reasoning someone out of a position he has not reasoned himself into." --Clive James

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#3306541 - 07/30/13 01:04 PM Re: Posting Property [Re: Bayou Buck]
hitek7
6 Point


Registered: 07/26/10
Posts: 518
Loc: Eva, AL

content Online
 Originally Posted By: Bayou Buck
Paint the trees and put cheap posted signs out by any atv trails or entrances. I buy a cheap roll of 100 or so and refresh them as needed.


Is there a cetain color paint that is supposed to be used? Also, what is the max distance between painted trees (I am talking about to legally prosecute)? I know in Missouri it was purple but not sure in TN. The purple painted trees were as good as signs when it came to prosecuting.

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#3306548 - 07/30/13 01:07 PM Re: Posting Property [Re: hitek7]
BSK
Jerkasourous of the non-typical kind
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Registered: 03/11/99
Posts: 65048
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 Originally Posted By: hitek7
Is there a cetain color paint that is supposed to be used? Also, what is the max distance between painted trees (I am talking about to legally prosecute)?


I don't believe paint is required in TN to prosecute for trespassing.

But perhaps scn can comment on this.
_________________________
"Know where you stand, and stand there" --Jesuit Father Daniel Berrigan

"There is no reasoning someone out of a position he has not reasoned himself into." --Clive James

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#3306555 - 07/30/13 01:12 PM Re: Posting Property [Re: BSK]
MUP
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Registered: 08/01/07
Posts: 44417
Loc: Just North of Chatt-town

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I think I remember being told, signage at 200ft apart, and at every major point of ingress and egress, and this would suffice in a court proceeding.
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#3306998 - 07/30/13 08:13 PM Re: Posting Property [Re: MUP]
backroads
6 Point


Registered: 11/22/10
Posts: 536
Loc: Giles Co

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Here is a link and a couple of instructions:

http://www.tn.gov/twra/pdfs/permission.pdf

Land can be properly posted in one of the following two manners:
1. Approved signs must be placed along the property boundary at intervals no greater than 100 yards and at all major entrances.
2. Approved signs must be visible at all major points of ingress and must
be accompanied by fluorescent visual markings which markings must
also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1) wide and four inches (4) long.

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#3307032 - 07/30/13 08:41 PM Re: Posting Property [Re: backroads]
scn
14 Point


Registered: 02/05/03
Posts: 9816
Loc: Brentwood, TN US

content Online
 Originally Posted By: stevepitts
Here is a link and a couple of instructions:

http://www.tn.gov/twra/pdfs/permission.pdf

Land can be properly posted in one of the following two manners:
1. Approved signs must be placed along the property boundary at intervals no greater than 100 yards and at all major entrances.
2. Approved signs must be visible at all major points of ingress and must
be accompanied by fluorescent visual markings which markings must
also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1) wide and four inches (4) long.


That law only applies to Hunting by Written Permission only. The law was an attempt to keep landowners from having to go to court to prosecute the case or even testify. If worked as intended for a couple of years until the defense attornies found the "loophole". We now require landowners to take part in the prosecution.

There is actually NO signage requirement to prosecute for hunting without permission. But, signage certainly helps in the court prosecution.

The law on criminal trespass requires signage at all major points of ingress into the property. Without such signage the person without permission to be on the property has a statuatory defense against the charge of trespass.
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#3307115 - 07/30/13 10:03 PM Re: Posting Property [Re: scn]
BSK
Jerkasourous of the non-typical kind
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Registered: 03/11/99
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 Originally Posted By: scn
There is actually NO signage requirement to prosecute for hunting without permission. But, signage certainly helps in the court prosecution.

The law on criminal trespass requires signage at all major points of ingress into the property. Without such signage the person without permission to be on the property has a statuatory defense against the charge of trespass.


Thanks scn. That's what I was looking for.
_________________________
"Know where you stand, and stand there" --Jesuit Father Daniel Berrigan

"There is no reasoning someone out of a position he has not reasoned himself into." --Clive James

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#3307267 - 07/31/13 06:45 AM Re: Posting Property [Re: BSK]
BlountArrow
10 Point


Registered: 07/13/12
Posts: 2540
Loc: SouthEast Tenn

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Thank you, men. There is so much mis-information floating around out there amongst hunters concerning this issue. I'm no lawyer, but I imagine (like SCN said) you don't want to give the perpetrator any chance of defense in court so I go above and beyond the call of duty when posting. It would be interesting to hear a lawyer's take on how to best create an "air-tight case" (as much as possible).

Last year I had three different individuals on camera trespassing on my property (that I know of). One appeared to be scouting (backpack, camo, etc), one seemed to just be going for a joy walk, and one was in full brown carhart with an orange vest and hat toting a rifle (I actually have a 20 second video of him because I had this game cam set on video). Amazing how all three of them walked within 5 feet of my cameras and never saw them. Amazing what you don't see when you're not looking for it. Of course, I have no idea who these trespassers are so a picture is not much more than a picture for now.


Edited by BlountArrow (07/31/13 06:47 AM)
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#3307381 - 07/31/13 08:38 AM Re: Posting Property [Re: hitek7]
Bayou Buck
10 Point


Registered: 05/11/09
Posts: 2691
Loc: Spring Hill / Perry Co

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 Originally Posted By: hitek7
 Originally Posted By: Bayou Buck
Paint the trees and put cheap posted signs out by any atv trails or entrances. I buy a cheap roll of 100 or so and refresh them as needed.


Is there a cetain color paint that is supposed to be used? Also, what is the max distance between painted trees (I am talking about to legally prosecute)? I know in Missouri it was purple but not sure in TN. The purple painted trees were as good as signs when it came to prosecuting.


Paint is not required. I just like it because there is no excuse for a trespasser if you catch them and they cant tear it down or get rid of it and say they didn't know they were trespassing. Yellow or red paint will probably work.

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#3307402 - 07/31/13 08:55 AM Re: Posting Property [Re: Bayou Buck]
BSK
Jerkasourous of the non-typical kind
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Registered: 03/11/99
Posts: 65048
Loc: Nashville, TN

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My Tyvek signs got torn down all the time. To date, I have not had an aluminum sign put up with aluminum nails torn down.
_________________________
"Know where you stand, and stand there" --Jesuit Father Daniel Berrigan

"There is no reasoning someone out of a position he has not reasoned himself into." --Clive James

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